Abstract

In terms of the South African Trade Marks Act, a shape is capable of registration as a trade mark, provided it meets the same criteria for registrability as any other trade mark, namely, the mark "shall be capable of distinguishing the goods or services of a person in respect of which it is registered or proposed to be registered from the goods or services of another person...". In order to qualify for registration, a shape trade mark must be either inherently capable of distinguishing, alternatively, the mark must have acquired distinctiveness through use.